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David Chung

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Partner
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Areas of Focus

Overview

Companies, trade associations, and industry coalitions look to David Chung to develop creative and effective regulatory and policy solutions and, when necessary, to defend their interests in federal courts. David is best known for his sage and pragmatic counsel in litigation, regulatory advocacy, enforcement defense, and compliance matters arising under the Clean Water Act, the Clean Air Act, the Endangered Species Act, the National Environmental Policy Act, and other major federal environmental statutes. When challenges to rule-makings and other agency actions involve the Environmental Protection Agency, the Army Corps of Engineers, or Department of the Interior bureaus, clients value his experience in litigating challenges as petitioner/plaintiff, intervenor, and amicus. Increasingly, companies find themselves on the defensive end of agency and citizen suit enforcement actions and call on David for efficient and discrete resolution.

Advocacy before promulgating agencies and the Office of Information and Regulatory Affairs can be burdensome and nuanced. David has a successful track record in preparing comments and advocating for proposed rules and agency policies. In addition to his core environmental practice, David also advises clients on nonenvironmental litigation arising under the Administrative Procedure Act. He has litigated in federal courts and represented clients in administrative proceedings before the Department of Agriculture, Department of Energy, Consumer Product Safety Commission, and Surface Transportation Board.

David co-chairs the firm’s Lawyer Development Committee and is a member of its Talent Development Committee.

Career & Education

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    • University of Texas at Austin, B.A., Plan II Honors Program, 2002
    • The George Washington University Law School, J.D., with honors, 2005
    • University of Texas at Austin, B.A., Plan II Honors Program, 2002
    • The George Washington University Law School, J.D., with honors, 2005

    • District of Columbia
    • Maryland
    • Supreme Court of the United States
    • U.S. Court of Appeals for the D.C. Circuit
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. Court of Appeals for the Seventh Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Tenth Circuit
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. Court of Appeals for Veterans Claims
    • U.S. District Court for the District of Colorado
    • U.S. District Court for the District of Columbia
    • U.S. District Court for the Northern District of Florida
    • District of Columbia
    • Maryland
    • Supreme Court of the United States
    • U.S. Court of Appeals for the D.C. Circuit
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. Court of Appeals for the Seventh Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Tenth Circuit
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. Court of Appeals for Veterans Claims
    • U.S. District Court for the District of Colorado
    • U.S. District Court for the District of Columbia
    • U.S. District Court for the Northern District of Florida

  • Professional Activities and Memberships

    • American Bar Association, Section on Environment, Energy & Resources
    • Rocky Mountain Mineral Law Foundation
    • Energy & Mineral Law Foundation

    Professional Activities and Memberships

    • American Bar Association, Section on Environment, Energy & Resources
    • Rocky Mountain Mineral Law Foundation
    • Energy & Mineral Law Foundation
David is valued by clients as ‘incredibly smart; he’s a very good writer who is good at accurately assessing the strengths and weaknesses of a case.’

— Chambers, 2020 

David's Insights

Firm News | 1 min read | 12.03.24

Washingtonian Names Five Crowell & Moring Partners to 2024 “Top Lawyers” List

Washington – December 3, 2024: The Washingtonian has named five Crowell & Moring partners to its 2024 “Top Lawyers” list, featuring the D.C. area’s best legal talent....

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Representative Matters

  • Counsel to a multi-industry coalition on regulatory, legislative, and litigation developments concerning the scope of federal regulatory authority under the CWA.
  • Representing a large agricultural producer in EPA and DOJ enforcement actions arising under the CWA and CAA.
  • Representing crop protection companies and national trade associations in litigation challenging pesticide registrations under the Federal Insecticide, Fungicide, and Rodenticide Act; the ESA; and the California Environmental Quality Act in federal and state courts.
  • Counseling a sustainable-fuels technology company on NEPA compliance.
  • Representing national trade associations serving agriculture, forestry, manufacturing, electric utilities, and mining in advocacy efforts regarding various CWA regulatory proposals.
  • Representing forestry groups as amici in Supreme Court cases arising under the CWA (Sackett v. EPA and Decker v. NEDC).
  • Representing national energy trade associations as amici in federal district and appellate court cases involving claims under NEPA, the CWA, and the ESA.
  • Preparing amicus briefs for the Supreme Court and the Ninth and Sixth Circuit Courts of Appeals on behalf of coalitions of trade associations regarding the applicability of the CWA to discharges to navigable waters via groundwater.
  • Representing a national trade association as petitioner in a declaratory judgment proceeding before the STB requesting a finding that the Interstate Commerce Commission Termination Act of 1995 preempts and displaces imposition of the CWA’s discharge prohibition and National Pollutant Discharge Elimination System permitting requirements to rail cars in transit.
  • Representing two associations serving Alaska Native regional and village corporations as intervenor-defendants in federal district court litigation under the APA challenging the Secretary of the Treasury’s determination of which “Tribal governments” are eligible for relief funds under Title V of the CARES Act.
  • Advising a national agricultural trade association on regulatory proposals and APA litigation involving the Department of Agriculture’s conservation compliance programs.
  • Serving as counsel to an agricultural industry group on key regulatory, litigation, and policy matters involving nutrient regulation under the CWA and other environmental statutes.
  • Advising a company on potential grounds to bring an APA challenge to the CPSC’s efforts to recall infant inclined sleeper products.
  • Defending a CWA citizen suit brought against the boards of supervisors of three counties as trustees for several drainage districts.
  • Litigating for national and state trade associations against EPA, challenging numeric nutrient water quality criteria for Florida’s lakes and flowing waters as contrary to the APA and CWA.
  • Litigating for national trade associations in federal district court and the Third Circuit against EPA, challenging the Chesapeake Bay Total Maximum Daily Load as contrary to the APA and CWA.
  • Representing dozens of national and state trade associations in litigation challenging EPA’s denial of a petition for rule-making to establish numeric nutrient water quality criteria in all 50 states.
  • Defending an electric utility owner in federal district court and the Third Circuit in a CAA civil enforcement action brought by EPA and several states for alleged New Source Review and Title V violations.

David's Insights

Firm News | 1 min read | 12.03.24

Washingtonian Names Five Crowell & Moring Partners to 2024 “Top Lawyers” List

Washington – December 3, 2024: The Washingtonian has named five Crowell & Moring partners to its 2024 “Top Lawyers” list, featuring the D.C. area’s best legal talent....

View All Insights

Insights

Firm News | 1 min read | 12.03.24

Washingtonian Names Five Crowell & Moring Partners to 2024 “Top Lawyers” List

Press Coverage | 10.02.24

9th Circuit: EPA Lawfully Denied Request For Stricter CAFO Rules

Press Coverage | 09.24.24

Judges Appear To Back Industry Attacks On TSCA Confidential Data Rule

Press Coverage | 09.24.24

Judges Say EPA’s Rule Fails To Protect Chemical Trade Secrets
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View All Insights